JUSTICES REBUFF CONVICT'S DEMANDS IN FORFEITURE

A convict imprisoned in Kansas demanded that Utah taxpayers bear the
costs of transporting him back to the state and provide him an attorney
to resolve a 7-year-old forfeiture case involving $3,676 cash and a 1980
Cadillac.

But on Friday, the Utah Supreme Court said the state is under no such
obligation when a defendant demands that a forfeiture case be resolved
while he is in prison.

In 1994, a Utah Highway Patrol trooper pulled over Rick Dee Keebler for
a traffic violation in south-central Utah. His Cadillac and the cash
were seized after the trooper found "large quantities of narcotics for
illegal distribution,'' according to the decision.

Keebler admitted he planned to sell the 11 pounds of marijuana, 8 pounds
of methamphetamine, 2 pounds of cocaine and 5 ounces of heroin for a
return of $175,000. He was sentenced to federal prison.

In a separate civil action, Utah attorneys attempted to seize the car
and cash, saying they were being used to transport drugs in violation of
the Utah Controlled Substances Act. Keebler denied the state's
allegations.

The forfeiture case remained dormant for four years until the state
moved for a ruling in its favor, saying none of the facts in the case
were in dispute. Keebler objected to the request and asked for a
hearing.

In December of 1998, a Utah judge conducted a telephone conference
meeting with Keebler in his prison cell at Leavenworth, Kan. A trial
date was set, and a month later, Keebler petitioned the court to order
the state to pay transportation and attorney costs for the trial.

"We did not press the [forfeiture] issue because the car and cash
weren't worth that much,'' said Sevier County Attorney Don Brown. "It
was merely a matter of the defendant pushing it forward. He demanded an
immediate hearing when the case had languished for years. He wanted to
force these issues on the trial and appellate court."

In a bench trial held without Keebler, 6th District Judge David L. Mower
ordered that the car and money be forfeited to the state. Keebler,
acting as his own lawyer, appealed, but on Friday, the high court
affirmed Mower's judgment.

Justice Christine Durham said "the Sixth Amendment right to confront
witnesses and to have assistance of counsel pertains only to criminal
prosecutions."

Durham also noted that Utah law allows for forfeiture proceedings to be
postponed until "criminal charges are resolved." Keebler "could have
moved for stay of the forfeiture proceedings until his federal sentence
was complete and he could be present at trial,'' she wrote. But he
waived that right when he asked for the case to be resolved.

Prosecutor Brown said one question remains: "Do we need to wait until a
defendant is free and out of custody if he makes no demand that the
issue be resolved?"

Meantime, the Cadillac is parked in an impound lot and the money is in
the bank, said Brown. The ruling releases both to police.